[Adopted 3-14-1988 by Ord. No. 88-03]
The following words and phrases, when used in this article,
shall have the meanings respectively ascribed to them in this section,
except when the context otherwise requires:
The Roads and Rights-of-Way Commissioner of the Village of
Bannockburn and his or her designees.
[Amended 5-22-2017 by Ord. No. 2017-12]
Every way or place in private ownership, including private
roads, used for vehicular travel by the owner and those having express
or implied permission from the owner, but not by other persons.
Any individual, partnership, corporation or other entity
or organization.
That paved portion of a street improved, designed, or ordinarily
used for vehicular traffic, exclusive of the berm or shoulder.
That portion of a street that is not part of the roadway,
including drainage ditches and culverts.
The entire width between boundary lines of any way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular traffic.
A.
No person shall construct, build, establish, alter, modify, connect,
or maintain a driveway from any property abutting a street to or upon
such street, or use any portion of such street for driveway purposes,
except in compliance with and pursuant to the terms of this article.
[Amended 5-22-2017 by Ord. No. 2017-12]
A.
Any person desiring to construct or alter any driveway shall make
application for a permit therefor to the Commissioner and shall pay
a permit fee as set forth in the Bannockburn Fee Schedule therefor.
No construction or work of any kind shall be done or permitted on
such proposed driveway until and unless such permit is duly applied
for and issued. Upon the receipt of such application upon the forms
prescribed by the Commissioner and a determination that such application
is in accordance with the terms of this article, and on the payment
of all required permit fees, the Village shall issue such permit,
subject to such conditions and terms as authorized by this article.
B.
In addition to the permit application fee required under Subsection A, where the nature of the application requires the Village to employ the services of engineers, attorneys, consultants, or other persons not regularly on the Village payroll for the purposes of reviewing the application or other documents related to the proposed driveway construction or alteration, an additional application fee equal to the actual cost to the Village of securing such services shall be charged to and paid by the applicant.
A.
Any person desiring a driveway permit under this article shall complete
an application therefor in triplicate, which application shall include
the following information:
(1)
Name and address of applicant.
(2)
Legal relationship of the applicant to the property for which the
permit is sought, and written authorization from the owner of such
property, if applicant is not the owner.
(3)
Location, dimensions and current and proposed use of existing and
proposed buildings, structures, paved areas, utility lines and utility
and access easements on and adjacent to the property for which the
permit is sought.
(4)
Detailed site plan for the proposed driveway permit, showing all
existing and proposed elevations and obstructions, including trees,
ditches, culverts, poles, berms, or other features, as well as all
streets and driveways, within 50 feet of the proposed driveway.
(5)
An area map showing all streets, driveways, and road characteristics
within 500 feet of the proposed driveway.
(6)
A detailed description of construction materials and construction
plans for the proposed driveway.
(7)
Such other data or information as the Commissioner shall deem necessary
to permit full and fair consideration of the application.
A.
The Commissioner shall review each application for a driveway permit
in consultation with the Village Engineer and any other person whose
counsel the Commissioner deems necessary. Upon approval of any such
application, the Commissioner shall issue a driveway permit, subject
to the provisions of this article and such other conditions and restrictions
that the Commissioner deems necessary or appropriate; provided, however,
that the applicant shall perform all work related to any driveway
in accordance with all applicable federal, state, and local laws,
regulations, and ordinances.
B.
Upon the issuance of a driveway permit, the applicant shall deposit
with the Village such sum as set forth in the Bannockburn Fee Schedule,
or such greater sum (as determined by the Commissioner) that may be
required to guarantee that the work authorized by such permit shall
be performed and completed in accordance with the terms of such permit
and of this article. Upon a finding by the Commissioner that such
work has been completed as required by the permit and this article,
the deposited sum shall be returned to the applicant. If, however,
during the progress of such work, it shall be determined by the Village
that such construction work is not in accordance with the permit or
this article, the applicant thereupon shall be directed to make such
changes and remedy such work to ensure that the work conforms to the
permit and this article within such time and upon the conditions prescribed
by the Village. If within such time the work is not completed according
to the directions prescribed by the Village, then the Village shall
cause the work to be changed and remedied so that the same shall be
in accordance with the permit and this article, the expenses and costs
thereof shall be charged to applicant or deducted from the deposit,
and any balance thereof, upon the completion of such work, shall be
returned to the applicant.
[Amended 5-22-2017 by Ord. No. 2017-12]
In the event that the Commissioner does not approve a permit
application, such application shall be denied. In the event of such
denial, the applicant may petition the Board of Trustees to review
such denial. If the Board of Trustees finds that the construction
and maintenance of any such driveway will not substantially impair,
endanger, or interfere with the public safety, it shall by resolution
direct the issuance of any such permit for a driveway of such width
and at such location as the Board of Trustees shall consider proper
and in furtherance of public safety; otherwise, a permit shall not
be issued.
A.
Each zoning lot in the Village shall be entitled to one driveway,
subject to the terms and conditions of this article.
B.
For any zoning lot on which a driveway exists or has been applied
for, no additional driveways shall be permitted unless the Commissioner
shall, upon investigation, have determined in his/her discretion that
the construction and maintenance of such additional driveway or driveways
shall not substantially impair, endanger, or interfere with the public
safety. In exercising such discretion, the Commissioner shall consider
the amount of pedestrian, vehicular, and other traffic on the proposed
driveways and on the street adjacent to the property for which a driveway
permit is sought. He/She shall also consider the grade or elevation
of the street with which any such driveways are to be so connected
and the proximity of such driveways to any street intersection, railroad
or railway crossing, fire or police station, school, or church.
C.
Nothing in this section shall be deemed to affect the right to maintain
any existing driveways on any zoning lot in the Village.
A.
Each driveway permitted under this article shall be of such grade,
location, and width as approved by the Village pursuant to a driveway
permit and in accordance with the requirements of this section.
B.
No driveway serving a single residential zoning lot shall exceed
20 feet in width at the street line.
C.
No driveway shall be located closer than 15 feet to any side lot
line.
D.
In approving the location or width of a proposed driveway, the Commission
shall consider the distance of such driveway from any street intersections,
any other driveways, or any other significant features of the area
in the vicinity of such driveway as well as the potential impact that
such driveway will have on traffic safety.
E.
Any driveway construction shall be in accordance with the driveway
plans and specifications set forth in the permit or the approved application.
A.
Any construction activity undertaken pursuant to any driveway permit shall not alter grade in the vicinity of the proposed way except in accordance with Article II, Grading and Excavation, of this chapter.
B.
In addition, no work conducted pursuant to a driveway permit shall
alter the grade in such a way that, in the opinion of the Village
Engineer, creates a hazard to the public health or safety of persons
using any street.
C.
Any driveway authorized under this article having a variable grade
shall maintain a gradual ascent or descent. At no time shall the gradient
exceed one foot vertical to 10 feet horizontal.
A.
No driveway shall be so constructed as to interfere with the drainage
of the adjoining street or any adjacent property, or so as to permit
the forming of pools of water in the driveway.
B.
As part of the construction of any driveway requiring a permit under
this article, a twelve-inch-diameter drainage culvert shall be installed,
unless the Village Engineer determines that a larger culvert is required;
provided, however, that the Commissioner may in writing waive the
requirements of this subsection upon a determination of the Village
Engineer that no culvert is necessary to ensure proper drainage in
the area affected by the proposed driveway.
A.
Any work conducted pursuant to a driveway permit shall be pursued
and undertaken so as not to injure or damage any individual or property,
including any street.
B.
In order to prevent injury or damage to any person or property, adequate barriers and lights shall be maintained whenever any shoulder or roadway is obstructed or otherwise affected in whole or in part by construction of a driveway and culvert. This requirement shall not limit the obligations established in Subsection A hereof.
C.
During the construction of a driveway and culvert, the permit applicant
shall provide sufficient protection to prevent the spread of mud,
dirt, or other debris upon any street or adjacent property. The permit
applicant shall also cause any mud, dirt, or other debris to be removed
from any street or adjacent property by 5:30 p.m. on any day during
which such construction work is performed.
It shall be unlawful to establish or maintain a temporary driveway
for the conveyance of vehicles across or into any property abutting
a street when no regular driveway is established, unless a permit
therefor is first obtained from the Village. Such temporary driveway
shall be properly planked so that the entire street is adequately
protected from injury.
The permit requirements in this article shall not apply to driveways
constructed or to be constructed by or on behalf of the Village.
A.
Any temporary driveway permit issued pursuant to § 109-19 of this article shall expire 180 days after the date of issuance.
B.
The construction of any driveway and culvert for which a permit is
required under this article shall be completed within one year after
the date of issuance of such permit unless the Commissioner deems
that the construction must be completed at such earlier date as is
required to protect the public health, safety, or welfare.
A.
Any person who violates any of the provisions of this article shall be subject to a penalty as set forth in Chapter 1, Article II, of the Village Code. In the construction and interpretation of this section, the revocation of a permit shall not be considered as a recovery or penalty so as to bar any other penalty being enforced.
[Amended 5-22-2017 by Ord. No. 2017-12]
